A MUTARE housing developer, Dreamoss Investment (Private) Ltd, has filed an urgent chamber application for a spoliation order against musician-cum-businessman Energy Mutodi seeking to evict the latter from Gimboki South Housing Project in Dangamvura.
SENIOR COURT REPORTER
The firm, which is cited as the applicant in the matter and trading as Develop Communities in Africa, claims it entered into a housing development contract with a Mutare housing consortium to procure funding, coordinate and be in overall charge of construction works on the site.
Dreamoss Investment, however, has accused Mutodi of creating a scene on the site in an attempt to create defence for his pending $6 million fraud trial.
In his founding affidavit, which forms part of the application, Dreamoss managing director Emmanuel Musevenzo said he had asked Mutodi and his firm, National Housing Development Trust (NHDT), to vacate the construction site but to no avail.
“It is alleged that he swindled members’ payments in respect of the same housing scheme. He was recently released on bail and subsequent to that, the first respondent (NHDT) spearheaded by second respondent (Mutodi) have bulldozed their way onto the construction site,” Musevenzo said.
“They started off by bringing a grader and other equipment on November 13, 2013 and despite calls by applicant to stop interfering with the project, 1st, 2nd and 3rd (Gift Chaya) respondents have illicitly and illegally resorted to self-help by taking over possession, control and occupation of the construction site. This they are doing without the project designs, which are in applicant’s custody. It is apparent that second respondent (Mutodi) is trying to create a defence to the fraud allegations against him by purporting to work on the project.”
Musevenzo further said Mutodi’s presence on the construction site would create confusion that would result in members of his housing consortium stopping payment of their monthly subscriptions leading to a huge debt that would affect the project.
The urgent chamber application was filed on Tuesday this week and is yet to be heard at the High Court.